Supreme Court Justice Ketanji Brown Jackson argues the framers of the 14th Amendment adopted it 'in a race-conscious way,' a position some legal experts say is subject to debate.
“Because I understood that we looked at the history and traditions of the Constitution and what the framers and founders thought about, and when I drilled down to that level of analysis, it became clear to me that the framers themselves adopted the equal protection clause, the 14th Amendment, the 15th Amendment in a race-conscious way," Jackson added.
Jackson cited a quote from a legislator who introduced the 14th Amendment and explained that it was enacted to give a constitutional basis to the Civil Rights Act of 1866 that was"designed to make people who had less opportunity and less rights equal to white citizens." “I looked at the report that was submitted by the Joint Committee on Reconstruction, which drafted the 14th Amendment, and that report says that the entire point of the amendment was to secure rights of the freed former slaves,” she added.Washington Examiner
on Wednesday that while the"freed slaves were a large component of who the Civil Rights Act of '66 and the 14th Amendment were meant to help," the totality of either measure applies to inequality as a broader concept. "I'm not sure the evidence is as clear cut as Justice Jackson made it out to be that it was because they were black rather than because they were being treated differently or because of their disadvantage from having been enslaved," Shapiro said.by the most junior justice on display during Tuesday's arguments, other commentators, including Ed Whelan of the Ethics and Public Policy Center, were left confused and skeptical of Jackson's analysis.
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